In other cases, the parties` financial affairs are complex and they often seek the help of a lawyer to try to find some sort of informal legal separation. However, since Texas does not recognize any type of legal separation — formally or informally, there are only a limited number of things attorneys can do to protect parties while they are separated. PARTITION AGREEMENT: Texas is a communal property state, which means that if you live separately but remain married, all assets and debts you accumulate during the marriage period are considered community property. These assets and liabilities can also be divided in the event of divorce, while any separate property belonging to a party before marriage remains the property of the individual party. I am often asked about a legal separation in Texas. The answer is simple. Texas has no legal separation. The only mechanism Texas has for legal separation is divorce. Once the divorce has been pronounced, the court may issue injunctions concerning the parties, their property, their alimony, their persons, their children, etc. I`ve seen couples have a sharing and exchange agreement that has remained in effect for five, ten, fifteen years, or a lifetime, — while remaining legally married. In addition, one of the advantages of entering into a partition and exchange agreement is that if the parties later divorce, the property divided from one party is the separate property of that party and the divorce court cannot take separate property from one party. In Texas, the only process available for separation from a spouse is divorce.

The only real difference between legal separation and divorce is that divorce ends the marital relationship. A couple who separates does not end their marital relationship. However, in each scenario, the court will determine the rights and obligations of the spouses, financial obligations, custody and support, visitation, medical services, insurance, division of marital property and spousal support. Temporary orders can cover many things — including who comes into possession of the children, who gets what property, or who has to pay what bills — while the divorce is still ongoing. A legal separation in Dallas may involve a court ruling on certain issues, such as: Even if you can`t get legal separation in Texas, the above method of dividing war property during separation provides an option to protect your rights while living apart from your spouse. It`s important to realize that any agreements made during your separation in Texas may take precedence if you divorce, so you really need to consider the implications before proceeding. So why is this important? Texas is a communal property state, which means that all property acquired during the marriage belongs to both spouses. Any income, real estate, retirement account, car, business or debt acquired during the marriage is community property. This includes all assets acquired during the separation. Without divorce, common property rights and debts continue to arise. Although spouses are always married to each other, they also owe each other certain duties.

Since all property always belongs to the community, each spouse has a duty not to spend community funds unnecessarily or incur unnecessary debts. Until a divorce is filed, a Texas court cannot enter into a legal separation agreement between the parties. I also understand that the Florida law is very similar to the Texas law because Florida has no kind of legal separation. Filing a lawsuit involving the parent-child relationship (SAPCR) is another legal option that, in practice, may resemble a legal separation. Others choose to delay divorce and separate for a period of time, hoping for reconciliation or facilitating their children`s transition to divorce. Legal separation in some states (and legal channels in Texas) allows couples to set guidelines they must follow while living apart, determine where the parties will live, how finances will be managed, and who will pay spousal support, as well as custody, visitation, and child support. The term “legal separation” is so common in American culture that it may shock you to hear that there is no such thing as it in Texas. That`s right, Texas doesn`t recognize legal separation, but the state offers remedies to achieve similar goals.